Legislature(2007 - 2008)
2007-03-05 Senate Journal
Full Journal pdf2007-03-05 Senate Journal Page 0460 SB 20 CS FOR SENATE BILL NO. 20(STA) "An Act relating to disclosures by legislators, legislative employees, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the Legislative Ethics Act; relating to the applicability of the Legislative Ethics Act; and providing for an effective date" was read the third time. Senator Therriault moved that the bill be returned to second reading for the purpose of specific amendments, those being Amendment Numbers 1 and 2. Without objection, the bill was returned to second reading. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 1 : Page 2, line 12, following "received": Insert "or deferred income to be received" Page 2, line 17: Following "income" Insert "or deferred income" Following "$1,000" Insert "earned or" Page 2, line 18, following "income": Insert "or deferred compensation" Page 2, line 19, following "compensation": Insert "or deferred compensation" Page 2, line 26, following "received": Insert "and the amount of income deferred" Senator Therriault moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2007-03-05 Senate Journal Page 0461 CSSB 20(STA) Second Reading Amendment No. 1 YEAS: 14 NAYS: 2 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, French, Green, Kookesh, McGuire, Olson, Stevens, Therriault, Wagoner, Wielechowski, Wilken Nays: Cowdery, Hoffman Excused: Elton, Huggins, Stedman, Thomas and so, Amendment No. 1 was adopted. Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered Amendment No. 2 : Page 1, line 1, following "Act": Insert "denying public employee retirement pension benefits to legislators and legislative directors who commit certain offenses, and adding to the duties of the Alaska Retirement Management Board and to the list of matters governed by the Administrative Procedure Act concerning that denial;" Page 1, following line 5: Insert new bill sections to read: "* Section 1. AS 14.25 is amended by adding a new section to read: Sec. 14.25.212. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 14.25.009 - 14.25.220. * Sec. 2. AS 14.25 is amended by adding a new section to read: Sec. 14.25.532. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 14.25.310 - 14.25.590. * Sec. 3. AS 22.25 is amended by adding a new section to read: Sec. 22.25.800. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under this chapter." Page 1, line 6: Delete "Section 1" Insert "Sec. 4" Renumber the following bill sections accordingly. 2007-03-05 Senate Journal Page 0462 Page 3, following line 5: Insert new bill sections to read: "* Sec. 7. AS 37.10.220(a) is amended to read: (16) administer pension forfeitures required under AS 37.10.310 using the procedures of AS 44.62 (Administrative Procedure Act). * Sec. 8. AS 37.10 is amended by adding a new section to read: Sec. 37.10.310. Pension forfeiture to preserve public trust in government. (a) A legislator or a person employed as a legislative director, as that term is defined in AS 24.60.990, who is convicted of a federal or state felony offense of bribery, receiving a bribe, perjury, subornation of perjury, scheme to defraud, or fraud may not receive a state pension benefit if the offense was committed on or after the effective date of this section and was in connection with the person's official duties. (b) Pension benefits and employee contributions that accrue to a person before the date of the person's commission of the offense described in (a) of this section are not diminished or impaired by that subsection. (c) A state pension benefit under (a) of this section does not include (1) insurance, voluntary wage reductions, involuntary wage reductions, or supplemental or health benefits under AS 39.30.090 - 39.30.495 or former AS 39.37.145; (2) member or employee contributions under AS 14.25.050, 14.25.055, 14.25.340, 14.25.360(a), AS 22.25.011, AS 39.35.160, 39.35.165(f), 39.35.180, 39.35.730, 39.35.760(a), or former AS 39.37.070. (d) In a pension forfeiture matter under this section the board may award to a dependent or former spouse of the person governed by the limitations in (a) of this section some or all of the amount that, but for the forfeiture under (a) of this section, may otherwise be payable. In determining whether to make an award under this subsection, the board shall consider the totality of circumstances, including (1) the role, if any, of the person's dependent or former spouse in connection with the illegal conduct for which the person was criminally charged; 2007-03-05 Senate Journal Page 0463 (2) the degree, if any, to which the person's dependent or former spouse profited financially from the person's illegal conduct; and (3) any restitution ordered by the court in the criminal case and the amount of restitution, if any, still owing. * Sec. 9. AS 39.35 is amended by adding a new section to read: Sec. 39.35.672. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.095 - 39.35.680. * Sec. 10. AS 39.35 is amended by adding a new section to read: Sec. 39.35.932. Pension forfeiture. The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.700 - 39.35.990. * Sec. 11. AS 44.62.330(a) is amended by adding a new paragraph to read: (47) the Alaska Retirement Management Board for administration of pension forfeitures under AS 37.10.310." Renumber the following bill sections accordingly. Page 3, line 8: Delete "Section 2": Insert "Section 5" Page 3, line 13: Delete "sec. 2" Insert "sec. 5" Page 3, following line 14: Insert a new bill section to read: "* Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY TO ELECTED PUBLIC OFFICERS' RETIREMENT SYSTEM. The provisions of AS 37.10.310, added by sec. 8 of this Act, apply to benefits under former AS 39.37 (elected public officers' retirement system)." Renumber the following bill section accordingly. Senator Therriault moved for the adoption of Amendment No. 2. Senator Stevens objected. 2007-03-05 Senate Journal Page 0464 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 20(STA) am Second Reading Amendment No. 2 YEAS: 5 NAYS: 11 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, French, Green, Hoffman, Kookesh, McGuire, Olson, Stevens, Wielechowski Excused: Elton, Huggins, Stedman, Thomas and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 20(STA) am was automatically in third reading. Senators Wilken, Therriault, Wagoner, Dyson moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 20(STA) am "An Act relating to disclosures by legislators, legislative employees, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the Legislative Ethics Act; relating to the applicability of the Legislative Ethics Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 20(STA) am Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Hoffman, Kookesh, McGuire, Olson, Stevens, Therriault, Wagoner, Wielechowski, Wilken Excused: Elton, Huggins, Stedman, Thomas and so, CS FOR SENATE BILL NO. 20(STA) am passed the Senate. 2007-03-05 Senate Journal Page 0465 Senator Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Bunde gave notice of reconsideration.